Yesterday, twenty-seven scholars of Jewish studies from universities across the United States filed an amicus curiae brief in support of Harvard University’s motion for summary judgment in President and Fellows of Harvard College v. U.S. Department of Health and Human Services, a lawsuit challenging politically motivated funding freezes by the Trump administration. Salahi PC supported the scholars by drafting and filing the amicus brief.
Harvard’s Lawsuit
Title VI of the Civil Rights Act of 1964 prohibits federally funded institutions from discriminating on the basis of race, color, or national origin. A university or school can violate the law if it is deliberately indifferent to severe and pervasive harassment on the basis of a protected characteristic which creates a hostile environment that interferes with students’ or scholars’ ability to access educational benefits and opportunities on equal terms.
Harvard’s lawsuit arises from federal investigations into allegations that student and faculty protest activities and classroom discussions critical of the Israeli government, or objecting to the war on Gaza, are inherently antisemitic and create a hostile environment for Jewish and/or Israeli students.
Harvard alleges that after the Trump administration took power, the government skipped procedural steps required by law when conducting Title VI investigations, jumped the gun by immediately freezing federal funding to the university, and made unlawful demands that intrude on academic freedom.
The amici—scholars of Jewish history, philosophy, literature, and religious studies—agree with Harvard that the federal government’s actions are unlawful and threaten academic freedom, but they take sharp issue with how Harvard has framed its own defense. Specifically, the scholars criticize Harvard for reinforcing the dangerous stereotype that being Jewish necessarily entails support for the state of Israel, its policies and practices, or Zionism, and for defending the censorship of pro-Palestinian expression in the name of protecting Jewish students.
A Scholarly Perspective
The brief details how Jewish communities—on campus and beyond—hold diverse beliefs and viewpoints about Zionism and Israeli state policy. Drawing on historical and contemporary sources, including student activism at Harvard, the amici explain that Jewish communities do not hold monolithic views on this topic. Many Jewish students and faculty, including at Harvard, identify as anti-Zionist, non-Zionist, post-Zionist, or otherwise hold views critical of the Israeli government’s actions. Others who do identify as pro-Israel or with Zionism support the right of people who disagree to express contrary views. Some of them have faced censorship or discipline under university policies that purport to combat antisemitism.
The amici argue that policies or enforcement actions that treat dissent from Israeli policy or certain conceptions of Zionism as inherently antisemitic rely on unlawful stereotypes of what it means to be Jewish. They further emphasize that such actions harm Jewish scholars and students who are marginalized for failing to conform to politicized expectations of Jewish identity, and may violate Title VI of the Civil Rights Act.
Defending Academic and Intellectual Freedom
One of the amici, Professor Atalia Omer, recounts in the brief how her scholarship was mischaracterized in a Harvard task force report on antisemitism. That report, she explains, implicitly denied her legitimacy as a Jewish scholar because her research engages critically with Zionism and Israeli state violence. Other signatories include prominent scholars who engage with Jewish history and culture, such as Judith Butler, Daniel Boyarin, and Hasia Diner.
Their brief underscores that the government does not have the power to impose a singular definition of what it means to be Jewish, and that federally funded institutions like Harvard may run afoul of civil rights laws if they do so themselves. Such actions limit the freedom of Jewish students and scholars to define their identities for themselves, not only contravening Title VI but also eroding the obligation of universities to foster open intellectual inquiry and protect free expression.
A Call for Nuance and Integrity
The amici support Harvard’s motion for summary judgment, but they call on the Court to reject the notion (advanced by both the university and the government) that the safety of Jewish and Israeli students requires the suppression of protests or other speech in support of Palestinians’ rights or critical of Israeli policy or Zionism. On the contrary, they argue that true protection of Jewish students means allowing them to express and explore a range of identities, beliefs, and political commitments, including those critical of Israel.
Salahi PC is actively investigating government and school officials that restrict freedom of expression or academic freedom, or discriminate against Jewish, Arab, Muslim, and Palestinian students. If you believe you may have a claim, contact us for an evaluation.